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Do You Need the Original Will to Start Probate?


Yes, normally the original signed will is required, and California asks that the person holding it lodge the original with the court after death. Photocopies alone are generally not enough, because the court needs to confirm the will is authentic and was not revoked.

If the original cannot be found, all is not lost. There are procedures to probate a copy of a lost or destroyed will, but they require additional proof and can add time and cost. This is one reason to search carefully for the original among the decedent's important papers, safe deposit box, or with their attorney early on. Your probate attorney can advise if only a copy exists.

California Probate Code sections 8200 and 8223. Not legal advice.

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